As a notary public, your primary responsibility is facilitating legal document signings while ensuring everything complies with state laws and ethical guidelines. However, there may be instances when you need to decline a notarial act. Knowing how to decline a notarization properly is just as important as knowing how to perform one. If you find yourself in a situation where the notarization is inappropriate, illegal, or outside your scope, handling the situation professionally and respectfully is essential.
In this guide, we’ll explore common reasons for declining notarial acts, how to communicate your decision and best practices for handling such situations to maintain professionalism.
Reasons for Declining a Notarial Act
There are several valid reasons to decline a notarial act, and it’s crucial to recognize them to avoid any legal issues or personal liability. Some of the most common reasons include:
- Signer is Not Present: One of the most straightforward reasons to decline a notarization is if the signer is not physically present. The law typically requires the signer to appear before the notary in person or through an approved method for remote online notarization (RON).
- Incomplete or Blank Documents: Notaries are prohibited from notarizing documents that contain blank spaces or are incomplete. If a client presents a document with missing information, you should decline the notarization until the document is fully completed.
- Lack of Proper Identification: You should decline the notarization if the signer cannot provide valid, government-issued identification. Ensuring the signer’s identity is fundamental to the integrity of the notarization process.
- Suspicion of Coercion or Fraud: If you suspect that the signer is being coerced or that fraud is involved, you must decline the notarization. Protecting the public and your notarial commission from involvement in illegal activity is essential.
- Incapacity or Incompetence of the Signer: If the signer lacks mental capacity or cannot understand the significance of signing the document, you should decline the act.
- Conflicts of Interest: If you stand to benefit from the transaction or have a personal relationship with the signer that could compromise your impartiality, it is essential to refuse the notarization.
- Out of Scope: If the notarial act requested is outside your commission or jurisdiction, such as notarizing a foreign-language document you cannot understand, you should decline the act.
How to Decline a Notarial Act
Declining a notarial act should always be done professionally and respectfully. While you may feel uncomfortable declining a request, protecting yourself and adhering to the law is essential. Here are a few tips for how to decline a notarial act effectively:
- Explain the Reason Clearly: When declining a notarial act, explain clearly and concisely why you cannot proceed. For example, if the signer does not have valid identification, you can say, “I’m sorry, but I’m required by law to verify your identity with an official ID. Without that, I cannot proceed.”
- Reference Applicable Laws or Guidelines: To maintain professionalism, it can be helpful to reference the law or notarial guidelines that explain why you cannot notarize the document. This can help the signer understand that your decision is based on legal requirements, not personal preferences.
- Suggest an Alternative Solution: Suggest a solution to help the signer complete the notarization whenever possible. For instance, you could advise them to return with the required identification, have a qualified witness present, or consult a different notary who can meet their specific needs.
- Stay Calm and Polite: Some clients may become frustrated when you decline a notarization. It’s essential to remain calm and polite throughout the conversation. Firmly explain your position without becoming defensive or dismissive.
Practical Example:
Imagine a client approaching you with a document that requires notarization but has several blank spaces. According to notarial laws, you cannot notarize incomplete documents. In this case, you could explain, “I cannot notarize this document as it currently stands because it has blank spaces. Once it’s fully completed, I’ll gladly assist you with the notarization.”
What to Do When Declining a Notarial Act
While declining a notarial act is necessary in certain situations, here are a few additional tips to help make the process smooth and professional:
- Keep Records: It’s a good practice to document why you declined a notarial act, especially if you suspect fraud or other legal issues. Keeping a record in your notary journal can protect you if questions arise later.
- Avoid Giving Legal Advice: When declining a notarial act, avoid giving any legal advice. Stick to explaining the specific reason for notarial law, and leave any legal advice to an attorney or qualified professional.
- Stay Impartial: Regardless of the client’s frustration or insistence, stay neutral and do not allow emotions to sway your decision. Impartiality is one of the key roles of a notary.
Read More: How To Prepare For Your First Notary Job
When Not to Decline a Notarial Act
Notaries should be cautious when declining a notarization, but there are instances when declining may not be appropriate. For example:
- Language Barriers: If the document is in a language you do not understand but the client has a certified translator, you may be able to notarize the translation.
- Disagreement Over Document Content: A notary must verify the signature, not the document’s content. If a client is simply unsure about the content, it’s not a reason to decline the notarization, but you can advise the client to seek legal counsel.
Master the Skill of Declining Notarial Acts with Confidence
Knowing how to decline a notarial act properly is a key skill for every notary. It ensures you comply with legal requirements, protect yourself from liability, and maintain client professionalism. You can handle these situations gracefully and professionally by providing clear explanations, referencing the law, and suggesting solutions.
For additional resources on notarial procedures and best practices, visit the Notary Public Association, where you can find tools and guidance to help you navigate your notarial duties effectively.
